H1B extension PERM pending, Audit after 6 years

Anil Gupta  4 Jan, 19      0  USA

The American Competitiveness in the Twenty First Century Act of 2000 ("AC21") law allows H1B extensions beyond 6 years based on certain conditions.

H1B Extension PERM – beyond 6 year, No PERM Applied

H-1B Visa Time Recapture

You can re-capture the time you may have spent outside USA like on vacation. Count the number of days you were away and you can ask for H1B extension for those days.

2. H1B Extension PERM after 6 years – PERM Applied

A. PERM or I-140 Petition Pending for 1 Year – 365 days

You can get your H-1B visa extended for 1 year increments prior to the approval of the PERM application or I-140 petition.

This is applicable even if your PERM is is AUDIT.

B. PERM Approved, Un-Expired, Was Filed 365 days or more prior to H-1B Extension

You can get your H-1B visa extended for 1 year increments prior to the approval of the PERM application or I-140 petition.